Tommy Brown v. G. Marshall

MEMORANDUM

California state prisoner Tommy Ray Brown appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging due process violations in connection with a prison disciplinary proceeding. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Morrison v. Hall, 261 F.3d 896, 900 (9th Cir.2001). We affirm.

The district court properly granted summary judgment on Brown’s claim alleging insufficient notice of the disciplinary charges because Brown failed to raise a genuine dispute of material fact as to whether the notice that he received was constitutionally inadequate. See Wolff v. McDonnell, 418 U.S. 539, 563-64 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (an inmate accused of a disciplinary violation must receive “advance written notice of the claimed violation” to give him “a chance to marshal the facts in his defense and to clarify what the charges are”).

The district court properly granted summary judgment on Brown’s claim alleging that defendants inadequately investigated his witnesses because Brown failed to raise a genuine dispute of material fact as to whether he was constitutionally entitled to further investigation or to…